The Director of Law, HR and Asset Management reported upon an application that had been received from Sanguine Hospitality Management Company Limited for a Premises Licence in respect of the Holiday Inn Express, The Kings Gap, Hoylake, under the provisions of the Licensing Act 2003.

The hours applied for were set out within the report.

The applicant was required to submit an operating schedule setting out how they would conduct/manage their business in accordance with the four licensing objectives.  A copy of the full application was available.  Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the licence be granted.

Representations had been received in respect of the application from 19 local residents.  A representation had also been received from The Parish Church of Hoylake, St Hildeburgh’s.  The representations related to noise nuisance and anti-social behaviour which they considered was a problem within the vicinity of the premises and the potential for this to increase should the Premises Licence be granted.  Copies of the representations were available.

Representations had also been received from Ward Councillors, John Hale and Gerry Ellis.  These representations supported the concerns expressed by local residents.

Environmental Health had made a representation regarding public nuisance to residents who live in close proximity to the premises.

Mr Wright and Ms Brannan attended the meeting together with their legal representative Mr Bruder.

Councillor Hale was also in attendance together with local residents, Mr Harrison, Mr Edwards and Mrs Sutherland.

Mr N Joughin, Environmental Health was also present.

The Licensing Manager confirmed that all documentation had been sent and received.

Mr Bruder addressed the Sub-Committee.  He reported that Sanguine Hospitality Management had been in business for five years and already owned several premises.  He advised that the intention for this premises was to service the main provision of it being a hotel.  He referred to a plan of the premises and reported upon the number of bedrooms and the restaurant and where they were situated, the provision of car parking spaces and the situation of the car park.  He informed Members that the predominant aspect of the premises was to serve as a hotel and as a high class restaurant for orders to be placed before 11 pm but also to cater for occasional functions such as weddings and the facility to serve outside these hours.  Mr Bruder referred to the fact that no representations had been received from Merseyside Police and that the proposed conditions sought by Environmental Health had been agreed to.  He also advised that the General Manager would be available at all times should residents need to address any concerns.

Mr Bruder explained that in operating the premises they were particularly mindful not to cause disturbance to people staying in the hotel.

Mr Wright reported upon procedures in place for staff training including due diligence and health and safety.

Mr Bruder responded to questions from Councillor Hale, Mr Edwards, Mrs Sutherland and Members of the Sub-Committee.

Mr Joughin confirmed that the proposed conditions sought by Environmental Health had been agreed to by the applicant.

Councillor Hale advised Members that although the development was welcomed, he was of the opinion that should the application be granted migration from other premises in the area would occur at a late hour and that this would cause noise and disturbance in the area.  He expressed concern regarding problems that may occur should members of the public be allowed to gain access to the premises after midnight and questioned the need to extend the hours beyond 12 midnight.  He was also concerned regarding the number of cars at the premises for residents and those attending functions.  He believed that Temporary Event Notices should be used for special occasions.

Mr Bruder offered to attach a condition to the Premises Licence which would state that no entry would be permitted to non-residents of the hotel beyond 23:00.

Mr Harrison made representations to Members of the Sub-Committee, he expressed concerns regarding the hours applied for and also referred to concerns regarding the environment.

Mr Edwards reported upon concerns regarding noise nuisance, he advised that the community housed a lot of elderly people and suggested that the premises could use Temporary Event Notices for the first twelve months then re-apply for the Licence should no problems occur within this time.

Mrs Sutherland advised that she had concerns regarding her children being disturbed in the early hours and the potential for this to occur seven days per week.

Mr Joughin advised that Environmental Health would have no input on Temporary Event Notices.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Statutory Guidance issued under section 182 of the Licensing Act 2003. 

Members of the Licensing Act 2003 Sub-Committee gave consideration to representations from local residents and a Ward Councillor regarding concerns that public nuisance could be caused by people migrating to the premises from other licensed premises in the area as well as people leaving the premises at a late hour.

Members noted the proposed condition from the applicant that non-residents to the hotel would not be allowed entry beyond 23:00.

In determining the matter Members took into account the fact that the premises will be operating as a hotel and a restaurant.  Members heard evidence from the applicant that the premises would be used on occasions for functions such as weddings and that the application made was to enable them to provide such events.

Members also had regard to the fact that there were no representations from Merseyside Police and that the following conditions proposed by Environmental Health had been agreed to by the applicant.

• No nuisance shall be caused by noise coming from the premises or by vibration noise transmitted through the structure of the premises.

• All external doors and windows must be kept closed when regulated entertainment is being provided except in the event of an emergency and access to or egress from the premises.

• The Licence holder or his representative must conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and must take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.  A written record must be made of those assessments in a log book kept for that purpose and must include, the time and date of the checks, the person making them and the results including any remedial action.

Resolved -

(1)  That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during consideration of the application.

(2)  That the application for a Premises Licence in respect of the Holiday Inn Express, The Kings Gap, Hoylake, be granted under the provisions of the Licensing Act 2003 with the following hours:

Sale by Retail of Alcohol

Sunday to Saturday  08:00 to 02:00

Hours Open to the Public

Sunday to Saturday  08:00 to 03:00

Regulated Entertainment (Exhibition of Films, Live Music, Performance of Dance and Anything of a Similar Description)

Sunday to Saturday  08:00 to 02:00

Regulated Entertainment (Recorded Music)

Sunday to Saturday  08:00 to 02:00

Entertainment Facilities (Facilities for Dancing and Anything of a Similar Description)

Sunday to Saturday  08:00 to 02:00

Late Night Refreshment

Sunday to Saturday  23:00 to 02:00

Non-Standard Timings

All of the above Licensable Activities and Hours Open to the Public permitted 24 Hours a day for Residents of the Hotel and their bona-fide guests.

New Years Eve

Sale by Retail of Alcohol, Regulated Entertainment and Late Night Refreshment until 04:00

Hours Open to the Public until 05:00

(3)  That in addition to the appropriate conditions proposed in the operating schedule and agreed with Environmental Health, the following conditions be applied to the licence:

• The premises must not allow access to persons who are not residents of the hotel or their bona-fide guests beyond 23:00.

• A notice must be displayed prominently outside the premises advising the public that the premises are only open to non-residents of the hotel up until 23:00.

• The premises must encourage customers to remain in the hotel building whilst waiting for transport to leave the premises after attending functions.

• The Premises Licence Holder must take all reasonable steps to ensure that public nuisance is not caused by persons drinking or taking bottles and glasses outside of the premises building when night time functions are taking place.